Date: 19991021
Docket: T-2465-97
Between:
IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the decision
of a citizenship judge
AND IN THE MATTER OF
BILAL KAMEL
Appellant
REASONS FOR JUDGMENT AND JUDGMENT
DENAULT J.
[1] This is an appeal by the appellant"s mother and father under subsection 14(5) of the Citizenship Act (the Act) against a citizenship judge"s decision, dated October 10, 1997, that the appellant did not meet the test for a grant of Canadian citizenship.
[2] The appellant was born in Tangier, Morocco, on September 3, 1993, and is in the legal custody of her lawful father and his wife.
[3] In a notice to the Minister, dated March 7, 1997, the citizenship judge determined that the appellant did not meet the requirements of paragraphs 5(1)(b), (c), (d) and (e) of the Act, but recommended that the Minister waive those requirements under subsection 5(3). Because the Minister, through her delegate, refused to do so, the citizenship judge did not approve the application.
[4] There are no grounds for this Court to intervene in the case at bar. After determining that the applicant did not meet any of the requirements of subsection 5(1) of the Act, and before deciding not to approve the application, the citizenship judge had to consider whether or not to recommend that the Minister grant citizenship to the applicant on compassionate grounds under subsection 15(1) of the Act. Given the Minister"s refusal, the citizenship judge had no choice but to dismiss the application, which she did. The Court does not have to review the Minister"s decision in this case; under the Act, she alone has the discretion to waive the requirements of the Act.
[5] For these reasons, the appeal is dismissed.
Pierre Denault
Judge
Québec, Quebec
October 21, 1999
Certified true translation
Peter Douglas
FEDERAL COURT"TRIAL DIVISION
Date: 19991021
Docket: T-2465-97
Between:
IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the decision of a citizenship judge
AND IN THE MATTER OF
BILAL KAMEL
Appellant
REASONS FOR JUDGMENT AND JUDGMENT
FEDERAL COURT"TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-2465-97
STYLE OF CAUSE: IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from
the decision of a citizenship judge
AND IN THE MATTER OF
BILAL KAMEL
Appellant
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: October 20, 1999
REASONS FOR ORDER
OF THE COURT BY: The Honourable Denault J.
DATED: October 21, 1999
APPEARANCES:
Linda Brière for the appellant
Claudette Tessier-Couture amicus curiae
SOLICITORS OF RECORD:
Linda Brière
Sainte-Foy, Quebec for the appellant
MARTINEAU WALKER
Québec, Quebec amicus curiae
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